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ARTICLE 10. THE WEST VIRGINIA SUNSET LAW.

§4-10-1. Short title.
This article shall be known as and may be cited as the "West Virginia Sunset Law."

§4-10-2. Legislative findings.
The Legislature finds that state governmental actions have produced substantial increases in the number of agencies and programs, proliferation of rules and regulations, and that the agencies and programs often have developed without sufficient legislative oversight, regulatory accountability or an effective system of checks and balances; that agencies and programs have been created without demonstrable evidence that their benefits to the public clearly justify their creation; that once established, agencies and programs tend to acquire permanent status, often without regard for the condition that gave rise to their establishment; that the personnel of such agencies and programs often are beyond the effective control of elected officials, and efforts to encourage modernization or even to review performance typically have proven difficult at best; that too often, agencies and programs acquire a combination of autonomy and authority inconsistent with democratic principles and acquire a capacity for self-perpetuation incompatible with principles of accountability; and that by establishing a system for the termination, continuation or reestablishment of such agencies and programs following a thorough review of their operation and performance, the position of the Legislature to evaluate the need for the continued existence of agencies and programs will be enhanced.

§4-10-3. Definitions.
As used in this article, unless the context clearly indicates a different meaning:
(1) "Agency" means any bureau, department, division, commission, agency, committee, office, board, authority, subdivision, program, council, advisory body, cabinet, panel, system, task force, fund, compact, institution, survey, position, coalition or other entity, however designated, in the state of West Virginia.
(2) "Committee" means the joint committee on government operations, hereinafter continued, to perform duties under this article.
(3) "Full performance evaluation" means to determine for an agency whether or not the agency is operating in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency, pursuant to the provisions of section ten of this article. References in this code to performance audit or full performance audit shall be taken as and shall mean full performance evaluation.
(4) "Preliminary performance review" means to determine for an agency whether or not the agency is performing in an efficient and effective manner and to determine whether or not there is a demonstrable need for the continuation of the agency pursuant to the provisions of section eleven of this article.
(5) "Compliance monitoring and further inquiry update" means to determine for an agency whether or not the agency has complied with recommendations contained in a completed full performance evaluation or a completed preliminary performance review conducted pursuant to this article and that further inquiry into the operation of the agency may be conducted pursuant to the provisions of sections ten-a and eleven-a of this article.
(6) "Regulatory board evaluation" means to determine for a board whether or not the board is necessary for the protection of public health and safety and whether or not the board is operating in compliance with the policies and provisions of chapter thirty of this code and other applicable laws and rules. A regulatory board evaluation may be based on reported data which is not independently verified.

§4-10-4. Termination of agencies following full performance evaluations.
The following agencies terminate on the date indicated, but no agency terminates under this section unless a full performance evaluation has been conducted upon the agency:
(1) On the first day of July, two thousand five: Department of tax and revenue; West Virginia public land corporation; office of insurance commissioner; James "Tiger" Morton catastrophic illness commission; department of health and human resources; department of environmental protection; state police; school building authority; consolidated public retirement board; workers' compensation; and tourism functions within the development office.
(2) On the first day of July, two thousand six: Division of motor vehicles.
(3) On the first day of July, two thousand seven: Office of health facilities licensure and certification within the department of health and human resources; development office; parkways, economic development and tourism authority; division of highways; and division of personnel.
(4) On the first day of July, two thousand eight: Purchasing division within the department of administration; division of rehabilitation services; division of corrections; division of labor; investment management board; and division of natural resources.
(5) On the first day of July, two thousand nine: Office of judges in workers' compensation.

§4-10-4a. Termination of agencies previously subject to full performance evaluations following compliance monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no agency terminates under this section unless a compliance monitoring and further inquiry update has been completed on the agency subsequent to the prior completion of a full performance evaluation:
On the first day of July, two thousand five: Division of culture and history.

§4-10-5. Termination of agencies following preliminary performance reviews.
The following agencies terminate on the date indicated, but no agency terminates under this section unless a preliminary performance review has been conducted upon the agency:
(1) On the first day of July, one thousand nine hundred ninety-six: Juvenile facilities review panel.
(2) On the first day of July, one thousand nine hundred ninety-seven: Public employees insurance agency advisory board; cable television advisory board.
(3) On the first day of July, one thousand nine hundred ninety-nine: Tree fruit industry self-improvement assessment program.
(4) On the first day of July, two thousand: Terms of family law master and family law master system.
(5) On the first day of July, two thousand three: Advisory council on public health; governors' office of fiscal risk analysis and management.
(6) On the first day of July, two thousand four: Workers' compensation appeal board; and public energy authority and public energy authority board.
(7) On the first day of July, two thousand five: Health care authority; clean coal technology council; manufactured housing construction and safety board; commission for the deaf and hard-of-hearing; oral health program; rural health advisory panel; state board of risk and insurance management; steel advisory commission and steel futures program; public employees insurance agency finance board; public defender services; and emergency medical services advisory council.
(8) On the first day of July, two thousand six: Family protection services board; medical services fund advisory council; West Virginia stream partners program; Ohio River valley water sanitation commission; state lottery commission; whitewater commission within the division of natural resources; unemployment compensation; women's commission; personal assistance services program; contractor licensing board; state rail authority; office of explosives and blasting; waste tire fund; real estate commission; care home advisory board; capitol building commission; records management and preservation board; public employees insurance agency; and soil conservation committee.
(9) On the first day of July, two thousand seven: Human rights commission; office of coalfield community development; state fire commission; children's health insurance board; board of banking and financial institutions; lending and credit rate board; governor's cabinet on children and families; and state geological and economic survey.
(10) On the first day of July, two thousand eight: Ethics commission; public service commission; parks section and parks function of the division of natural resources; office of water resources of the department of environmental protection; and marketing and development division of department of agriculture.
(11) On the first day of July, two thousand nine: Driver's licensing advisory board; West Virginia commission for national and community service; membership in the southern regional education board; bureau of senior services; oil and gas inspector's examining board; division of protective services; motorcycle safety awareness board; and commission on holocaust education.
(12) On the first day of July, two thousand ten: Meat inspection program of the department of agriculture; motor vehicle dealers advisory board; interstate commission on uniform state laws; design-build board; center for professional development board; state rail authority; and interstate commission on the Potomac River basin.

§4-10-5a. Termination of agencies previously subject to preliminary performance reviews following compliance monitoring and further inquiry updates.
The following agencies terminate on the date indicated, but no agency terminates under this section unless a compliance monitoring and further inquiry update has been completed on the agency subsequent to the prior completion of a preliminary performance review:
(1) On the first day of July, two thousand: State building commission.
(2) On the first day of July, two thousand five: Bureau for child support enforcement.
(3) On the first day of July, two thousand seven: Office of the environmental advocate; racing commission; and educational broadcasting authority.
(4) On the first day of July, two thousand eight: Environmental quality board.
(5) On the first day of July, two thousand ten: Veterans' council; and oil and gas conservation commission.

§4-10-5b. Termination of boards created to regulate professions and occupations.
(a) The legislative auditor shall evaluate each board created under chapter thirty of this code to regulate professions and occupations, at least once every twelve years. The evaluation shall assess whether the board complies with the policies and provisions of chapter thirty of this code and other applicable laws and rules, whether the board follows a disciplinary procedure which observes due process rights and protects the public interest and whether the public interest requires that the board be continued.
(b) The following boards terminate on the date indicated, but no board terminates under this section unless a regulatory board evaluation has been conducted upon the board:
(1) On the first day of July, two thousand five: Board of accountancy; board of veterinary medicine; acupuncture board; and real estate appraiser licensing and certification board.
(2) On the first day of July, two thousand six: Board of examiners in counseling; board of osteopathy; board of examiners of land surveyors; board of dental examiners; and board of licensed dietitians.
(3) On the first day of July, two thousand seven: Board of registration for sanitarians; board of embalmers and funeral directors; board of optometry; board of social work examiners; and board of respiratory care practitioners.
(4) On the first day of July, two thousand eight: Nursing home administrators board; board of hearing aid dealers; board of pharmacy; board of medicine; and board of barbers and cosmetologists.
(5) On the first day of July, two thousand nine: Board of physical therapy; board of chiropractic examiners; board of landscape architects; and board of occupational therapy.
(6) On the first day of July, two thousand ten: Board of registration for professional engineers; board of examiners for registered professional nurses; board of examiners for licensed practical nurses; board of examiners for speech language pathology and audiology; board of registration for foresters; and radiologic technology board of examiners.
(7) On the first day of July, two thousand twelve: Board of examiners of psychologists.
(8) On the first day of July, two thousand fourteen: Board of architects.
(9) On the first day of July, two thousand fifteen: Massage therapy licensure board.

§4-10-6. Continuation of agency after termination and purpose therefor; continuation of powers and authority after termination; cessation of activities; reestablishment of terminated agency.
Upon termination, each agency shall continue in existence until the first day of July of the next succeeding year for the purpose of winding up its affairs. During that year, the impending termination may not reduce nor otherwise limit the powers or authority of that terminated agency. Any funds for the agency shall revert to the fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund. Upon the expiration of one year after termination, the agency shall cease all activities: Provided, That an agency that has been terminated pursuant to the provisions of this article may be reestablished by the Legislature, and if reestablished by the Legislature during the winding-up period with substantially the same powers, duties or functions, the agency shall be deemed to have been continued.

§4-10-6a. Disposition of agency assets, equipment, and records after final termination.
Upon final termination pursuant to section six of this article and on or before the thirtieth day of June of the final year of the entity, the terminated entity shall file a report describing the disposition of assets and records with the secretary of the department of administration and the legislative auditor's performance evaluation and research division. The legislative auditor's performance evaluation and research division shall report to the joint committee on government operations the results of its review of the disposition of furniture, computers and other office equipment, program and personnel records and revenue of the agency. Furniture, computers and other office equipment of a terminated agency shall either be transferred to: (1) The secretary or commissioner of the department or bureau to which the agency is a part; or (2) the state agency for surplus property in the department of administration. All program and fiscal records shall be deposited with the division of administration and support services of the department of administration. The terminated agency's personnel records shall be accepted and stored by the division of personnel, without regard to civil service coverage of the employees of the terminated agency.

§4-10-7. Continuation or reestablishment of agencies scheduled for termination may not exceed six years; acts creating new agencies shall provide termination language.
The life of any agency, scheduled for termination under this section may be continued or reestablished by the Legislature for a period of time not to exceed six years.
Any act that creates a new agency and is enacted after the effective date of this article shall provide for termination and review of the newly-created agency pursuant to this article within six years after the effective date of the act that creates the agency.

§4-10-8. Joint committee on government operations continued; membership; compensation and expenses; meetings.
The joint committee on government operations, heretofore created, is hereby continued. The committee shall be composed of five members of the Senate, to be appointed by the president thereof, no more than three of whom shall be appointed from the same political party; five members of the House of Delegates, to be appointed by the speaker thereof, no more than three of whom shall be appointed from the same political party: Provided, That in the event the membership of a political party is less than fifteen percent in the House of Delegates or Senate, that the membership of that political party from the legislative house with less than fifteen percent membership may be one from that house; and five citizens of this state who are not legislators, public officials or public employees, to be appointed by and to serve at the will and pleasure of the governor, not more than three of whom shall be appointed from the same political party, and at least one of whom shall reside in each congressional district of this state: Provided, That on the thirty-first day of March, one thousand nine hundred ninety-seven, the terms of the five current citizen members of the committee appointed under prior enactment of this section shall terminate, but all of those members shall be eligible for reappointment. On the first day of April, one thousand nine hundred ninety-seven, the governor shall make five new appointments. Of the five members appointed following enactment of this section, four shall be citizens of this state who are not legislators nor public officials and one shall be an elected representative of a political subdivision. Not more than three of those five members may be from the same political party, and at least one shall reside in each congressional district of this state. The committee shall be headed by two cochairpersons, one to be selected by the president of the Senate from the members appointed from the Senate, and one to be selected by the speaker of the House of Delegates from the members appointed from the House of Delegates. All members of the committee shall serve until their successors shall have been appointed as heretofore provided. Members of the committee shall receive such compensation and reimbursement for expenses in connection with performance of interim duties between regular sessions of the Legislature as may be authorized by the citizens legislative compensation commission established by section thirty-three, article six of the constitution of West Virginia. Each member of the committee who is not a legislative member shall receive such compensation as the legislative interim members receive, in addition to reimbursement for necessary expenses incurred in the performance of duties under this article, such reimbursement to be subject to the same limitations as govern the expenses of the legislative members of the committee. Compensation and expenses shall be paid from an appropriation to be made expressly for the committee, but if no such appropriation be made or the total amount appropriated has been expended, such expenses shall be paid from the appropriation under "Account No. 103 for Joint Expenses," but no expense of any kind whatever payable under said Account No. 103 for joint expenses shall be incurred unless first approved by the joint committee on government and finance. The committee shall meet upon call of the cochairpersons or either of them and may meet at any time, both during sessions of the Legislature and in the interim.

§4-10-9. Powers of the committee; access to records; information to be furnished in requested format; failure of witnesses to appear, testify or produce records; public hearings; allowance of per diem and mileage for witnesses; hiring of necessary employees; permitting committee to collect costs associated with evaluations or reviews.
To carry out the duties set forth in this article, the committee, any duly authorized employee of the committee, or any employee of the office of the legislative auditor working at the direction of the committee, shall have access to any and all records of every agency in West Virginia. When furnishing information, agencies shall provide information in the format in which it is requested, if the request is specific as to a preferred format.
In addition to its regular and special meetings, the committee, or any employee duly authorized by the committee, is empowered to hold public hearings in furtherance of the purposes of this article, at such times and places within the state as may be deemed desirable, and any member of the committee shall have the power to administer oaths to persons testifying at such hearings or meetings.
By subpoena, issued over the signature of either cochairpersons of the committee and served in the manner provided by law, the committee may summon and compel the attendance of witnesses and their examination under oath and the production of all books, papers, documents and records necessary or convenient to be examined and used by the committee in the performance of its duties. If any witness subpoenaed to appear at any hearing or meeting shall refuse or fail to appear or to answer questions put to him or her, or shall refuse or fail to produce books, papers, documents, or records within his or her control when the same are demanded, the committee, in its discretion, may enforce obedience to its subpoena by attachment, fine or imprisonment, as provided in section five, article one of this chapter; or it may report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court shall compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance.
Witnesses subpoenaed to attend such hearings or meetings, except officers or employees of the state, shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury.
The joint committee on government operations, subject to the approval of the joint committee on government and finance, may employ such persons, skilled in the field of full performance evaluation, financial audit or preliminary performance review as it may deem necessary to carry out its duties and responsibilities under this article, and may contract for outside expertise in conducting technical or specialized performance evaluations.
The joint committee on government operations may collect, and the agency shall pay, any or all of the costs associated with conducting the full performance evaluations or preliminary performance reviews from the agency being audited or reviewed, when necessary and desirable. The joint committee on government operations shall render to the agency liable for the costs a statement thereof as soon after the same were incurred as practicable, and it shall be the duty of such agency to pay promptly in the manner that other claims and accounts are paid. All money received by the joint committee on government operations from this source shall be expended only for the purpose of covering the costs associated with such services, unless otherwise directed by the Legislature.

§4-10-10. Full performance evaluations of agencies by the committee.
It shall be the duty of the committee to conduct a full performance evaluation in accordance with generally accepted government auditing standards as promulgated by the federal general accounting office of every agency scheduled for termination following full performance evaluations under this article to ascertain if there is a demonstrable need for the continuation of the agency and if the agency should be continued.
In conducting full performance evaluations, the committee may determine the following:
(1) If the agency was created to resolve a problem or provide a service.
(2) If the problem has been solved or the service has been provided.
(3) The extent to which past agency activities and accomplishments, current projects and operations, and planned activities and goals for the future are or have been effective.
(4) If the agency is operating efficiently and effectively in performing its task.
(5) The extent to which there would be significant and discernible adverse effects on the public health, safety or welfare if the agency were abolished.
(6) If the conditions that led to the creation of the agency have changed.
(7) The extent to which the agency operates in the public interest.
(8) Whether or not the operation of the agency is impeded or enhanced by existing statutes, rules, procedures, practices or any other circumstances bearing upon the agency's capacity or authority to operate in the public interest, including budgetary, resource and personnel matters.
(9) The extent to which administrative and/or statutory changes are necessary to improve agency operations or to enhance the public interest.
(10) Whether or not the benefits derived from the activities of the agency outweigh the costs.
(11) Whether or not the activities of the agency duplicate or overlap with those of other agencies, and if so, how these activities could be consolidated.
(12) Whether or not the agency causes an unnecessary burden on any citizen or other agency by its decisions and activities.
(13) What the impact will be in terms of federal intervention or loss of federal funds if the agency is abolished.
The committee may direct that the full performance evaluation focus on a specific area of operation within the agency, and may direct further inquiry, when necessary and desirable, into other areas of concern, including, but not limited to:
(1) The economic impact resulting from the functions of the agency.
(2) The extent to which complaint, investigation, and/or disciplinary procedures of the agency adequately protect the public, and whether or not final dispositions of complaints serve the public interest.
(3) The extent to which the agency issues and enforces rules relating to the potential conflicts of interest of its employees.
(4) Whether or not the agency is in compliance with federal and state affirmative action requirements.
(5) Whether or not the agency encourages participation by the public in the decision making process.

§4-10-10a. Compliance monitoring and further inquiry updates of agencies by the committee subsequent to a completed full performance evaluation.
It shall be the duty of the committee to conduct a compliance monitoring and further inquiry update of every agency scheduled for termination under section four-a of this article.
In conducting such compliance monitoring and further inquiry update, the committee shall determine to what extent the agency has complied with recommendations contained in the completed full performance evaluation. The committee may direct that further inquiry into the operation of the agency be undertaken as part of the compliance monitoring and further inquiry update.

§4-10-11. Preliminary performance reviews of agencies by the committee.
It shall be the duty of the committee to conduct a preliminary performance review of every agency scheduled for termination following preliminary performance reviews under this article. In conducting such preliminary performance reviews, the committee shall determine the following:
(1) If the agency was created to solve a problem or provide a service.
(2) If the problem has been solved or the service has been provided.
(3) The extent to which past agency activities and accomplishments, current projects and operations, and planned activities and goals for the future are or have been effective.
(4) The extent to which there would be significant and discernible adverse effects on the public health, safety or welfare if the agency were abolished.
(5) Whether or not the agency operates in a sound fiscal manner.
(6) Whether or not the conducting of a full performance evaluation on the agency is in the public interest.
The committee may direct that the focus of the preliminary performance review be on a specific area of operation and may direct further inquiry, when necessary and desirable.

§4-10-11a. Compliance monitoring and further inquiry updates of agencies by the committee subsequent to a completed preliminary performance review.
It shall be the duty of the committee to conduct a compliance monitoring and further inquiry update of every agency scheduled for termination under section five-a of this article.
In conducting such compliance monitoring and further inquiry update, the committee shall determine to what extent the agency has complied with recommendations contained in the completed preliminary performance review. The committee may direct that further inquiry into the operation of the agency be undertaken as part of the compliance monitoring and further inquiry update.

§4-10-12. Annual report by the committee.
The committee shall complete its deliberations with respect to agencies scheduled for termination and make an annual report thereon to the Legislature not later than ten days after the Legislature convenes in regular session in the year of the scheduled termination for the agency: Provided, That any such annual report required in the year one thousand nine hundred ninety-seven, and every fourth year thereafter, shall be made not later than ten days after the Legislature convenes on the second Wednesday in February. The annual report shall consist of an analysis of the agency including matters as are expressly mandated to be considered by the committee as set forth in this article, together with the recommendations of the committee. The committee shall make one of five recommendations: (1) The agency be terminated as scheduled; (2) the agency be continued and reestablished; (3) the agency be continued and reestablished, and the statutes governing it be amended in specific ways to correct ineffective or discriminatory practices and procedures, burdensome rules and regulations, lack of protection of the public interest, overlapping of jurisdiction with other agencies, unwarranted exercise of authority either in law or in fact or any other deficiencies; (4) a full performance evaluation be performed on an agency on which a preliminary review has been completed; or (5) the agency be continued for a period of time not to exceed one year for the purpose of completing a compliance monitoring and further inquiry update.
In the event the committee makes recommendations concerning the continuation or reestablishment of agencies pursuant to this article, the annual report shall include draft bills effectuating the recommendations.
Copies of the annual reports shall be made available to all members of the Legislature, to the agency that is the subject of the report and to the public generally. A copy of the annual report shall be formally filed immediately by the committee with the clerk of each house.

§4-10-13. Preservation of rights and claims.
Nothing in this article may be construed as adversely affecting any right or claim by any person against an agency or by any agency against any person. Responsibility for prosecuting or defending any such rights or claims should the Legislature fail to continue and reestablish an agency within one year after its termination shall be assumed by the attorney general of the state.

§4-10-14. Article not to be construed as limiting new legislation.
Nothing in this article may be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new agency or to amend the law with respect to an existing one.

§4-10-15. Article not to be construed as limiting new legislation.
Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce or of the Legislature to consider any bill that would create a new state governmental department, agency or board or amend the law with respect to an existing one.


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